Frankel v. Derwinski

NEBEKER, Chief Judge:

Appellant, Cleda V. Frankel, applied for death pension benefits as the surviving spouse of the veteran David Frankel. The Board of Veterans’ Appeals (BVA) denied appellant’s claim, finding that she and the veteran were divorced prior to his death. On appeal, appellant argues that the civil divorce did not dissolve the religious marriage and that she is therefore entitled to death pension benefits as the spouse of a veteran. We disagree and affirm the decision of the BVA.

Although this appeal has been briefed, it would have been perhaps more appropriate, given the clarity…